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HomeMy WebLinkAboutALONZA BOARDMAN JR Augusta Richmond GA DOCUMENT NAME: 'r\\O\\CO Wl'(o'(Y\O!\) J~ . DOCUMENT TYPE: \eo.Se.- YEAR: q{ BOX NUMBER: 03 FILE NUMBER: \ S\ l\ \ NUMBER OF PAGES: 8- . STATE OF GEORGIA ) ) ) REAL ESTATE LEASE RICHMOND COUNTY THIS REAL ESTATE LEASE made this 6th day of March, 1997 by and between ALONZO P. BOARDMAN, JR., TRUSTEE, hereinafter called "LESSOR", and AUGUSTA RICHMOND COUNTY COMMISSION COUNCIL, hereinafter called "LESSEE". WIT N E SSE T H : That the LESSOR, in consideration of the rent agreed to be paid and the mutual covenants herein contained, does hereby lease unto the LESSEE and the LESSEE does lease from the LESSOR on the terms and conditions hereinafter stated the following described premises: SUITE I CONTAINING APPROXIMATELY TWO HUNDRED (200) SQUARE FEET AND SUITE II CONTAINING APPROXIMATELY FIVE HUNDRED FIFTY (550) SQUARE FEET ON THE GROUND FLOOR OF #15 EIGHTH STREET, AUGUSTA, GEORGIA 30901 (SPACE BEING ON THE RIGHT AND LEFT SIDE AS YOU ENTER THE BUILDING FROM EIGHTH STREET) . 1) TERM AND RENTAL - The term of this lease shall be for a period of one (1) year, commencing on the 1st day of March, 1997 and ending on the 28th day of February, 1998. This Lease may be canceled by either party by giving sixty (60) days written notice. LESSEE c6venan~s and agrees to pay to the LESSOR a guaranteed monthly rental in the amount as follows: TERM' 3/1/97-2/28/98 MONTHLY RENTAL $490.00 SQ. FT. RENT $7.84 for the leased premises, payable in advance, no later than the first business day of each month, beginning on the first day of the term of this Lease. LESSEE may make no deductions from monthly rental. The acceptance by LESSOR of partial payment of rent due shall not, under any circumstances, constitute a waiver of any rights of the LESSOR at law or under this Lease, nor affect any notice of legal proceedings in unlawful detainer therefore given or commenced. LESSEE hereby waives its right to receive notice to quit in the event of non-payment of rent. 2) USE OF LEASED PREMISES - LESSEE agrees to use the leased premises herein described only for the operation of office space. 3) UTILITIES - LESSEE shall pay when due all utility bills for water, gas, electricity and other such utility bills accruing against said leased premises or occupants thereof during the life of this Lease, unless otherwise specified. ~ insur rotecting LESSOR and LESSEE from accident 5) COVENANT TO HOLD HARMLESS - LESSEE shall keep and hold LESSOR harmless from any and all liability for loss or damage to persons or property, both real or asserted, accruing from any cause or causes in or connected with or rI about the within leased premises or arising out of LESSEE'~ occupancy of said l~ased premises. )VP~~f ~~ ~/~ ~~ ~w8N', "" k c1. W4'Vo4W of Le,u~<<- ~ s.v~.I.'--r- ,;..,_~;~. 6) NOTICES - All notices from LESSOR to LESSEE shall be directed to LESSEE at #15 Eighth Street, Augusta, Georgia 30901 and all notices from LESSEE to LESSOR shall be directed to LESSOR at P. O. Box 850, Augusta, Georgia 30903- 0850 unless changed by notice to the other party by registered or certified mail. 7) SUBLETTING OR ASSIGNMENT - LESSEE shall have the right to sublet or assign the whole or a portion of said leased premises upon written consent of LESSOR. LESSOR agrees not to unreasonably withhold such consent. Should any part or all of said leased premises be sublet, the acceptance of rent or any part thereof by LESSOR from any subtenant shall not be construed as a waiver by Page 2 LESSOR of any of LESSOR's rights or remedies hereunder against LESSEE. 8) TAXES, ASSESSMENTS AND LIENS - LESSOR shall pay when due all taxes and assessments hereafter levied upon the aforesaid premises, during the term hereof, including improvements, and LESSEE shall pay all taxes levied against its personal property. 9) NON-PAYMENT OF RENT - If the LESSEE continues in default for ten (10) days after written notice by LESSOR that rental payment is in default, the LESSOR, at its option, may at once terminate this Lease by written notice to the LESSEE, whereupon this Lease shall end and LESSEE will at once surrender possession of the leased premises to the LESSOR and will remove all of LESSEE's effects therefrom. LESSOR may enter the premises and repossess itself thereof, using such force as may be necessary, without being guilty of trespass, forcible entry or detainer or other tort. No such termination shall in any way affect LESSEE's obligations accruing hereunder prior to such termination. 10) SUCCESSORS AND ASSIGNS - LESSOR and LESSEE as used herein shall include and inure to the benefit of and bind the heirs, executors, administrators, assigns and successors of the said parties (LESSOR and LESSEE) herein. It is mutually agreed by the parties hereto that whenever the context requires, the terms "LESSOR" and "LESSEE" shall be construed to include the masculine, feminine or neuter, the singular or plural. 11) RESTORATION OF DESTROYED OR DAMAGED BUILDING - If the leased premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenable, LESSOR shall promptly, at its sole expense, cause such damage to be repaired and the rent shall not be abated; if by reason of such occurrence, the premises shall be rendered untenable only in part and less than fifty percent (50%), LESSOR shall promptly, at its own expense, cause the damage to be repaired and the rent meanwhile shall be abated proportionately as to the portion of the premises rendered untenable; if by reason of such occurrence the premises shall be rendered fifty percent (50%) or more untenable, LESSOR shall promptly, at its own expense, cause such damage to be repaired and the rent meanwhile shall be abated accordingly, unless within forty-five (45) days after said occurrence LESSOR shall give LESSEE written notice that it has elected not to reconstruct the destroyed premises, in which event this Lease and the tenancy hereby created shall P~3 cease as of the date of said occurrence, the rent to be adjusted as of such date. 12) ALTERATIONS AND IMPROVEMENTS - LESSEE shall have the right and privilege to alter and remodel from time to time, at its own expense, the interior of the leased premises only in such manner as it may deem necessary to promote the interest of its business, provided such alterations or changes are of a minor nature and no structural damage is done to said leased premises. Any improvements or alterations to remain and become a part of the real estate and property of the LESSOR. 13) REMOVAL OF EQUIPMENT, FIXTURES AND MERCHANDISE - LESSEE may place or install on or in the leased premises such trade fixtures and equipment as it shall deem desirable for the conduct of its business therein. LESSEE shall have the right, after offering to LESSOR, to purchase, at a reasonable price, to remove from the leased premises all such equipment, fixtures, merchandise and other personal property installed or placed therein by LESSEE, notwithstanding the manner or mode of attachment of such equipment, fixtures, merchandise or other personal property to said leased premises. In the event such removal shall injure or damage the building or premises, LESSEE agrees to promptly repair such damage at its own expense. 14) GENERAL REPAIRS AND MAINTENANCE - LESSOR agrees to make all structural repairs and to maintain roof and downspouts. All other repairs and maintenance, without exception, to be the responsibility and expense of LESSEE; such as, but not limited to, damage caused by vandals or unlawful entry, plate glass, doors and door locks, lighting fixtures, wiring, plumbing, painting, floor covering, interior alterations, decorations, etc. LESSEE further agrees to surrender said leased premises at the expiration of this Lease in as good order and repair as the same are on the first day of the term of this Lease, normal wear and tear excepted. 15) MECHANICAL REPAIRS - LESSOR to be responsible for the replacement of the heat exchangers (heating system) and compressor (air conditioning system) only. LESSEE to be responsible for all service calls, repairs and maintenance; such as, but not limited to, filters, belts, refrigerant, bearings, fan motors, pumps, pulleys, gas valves and controls, electrical controls and thermostats, etc. P~4 16) LESSOR'S AUTHORITY TO LEASE AND WARRANTY OF QUIET ENJOYMENT - LESSOR hereby warrants that LESSOR and no other person or corporation has the right to lease the premises hereby demised. LESSEE shall have peaceful and quiet use and possession of the leased premises without hindrance on the part of LESSOR and LESSOR shall warrant and defend ' LESSEE in such peaceful and quiet use and possession against the claims of all persons claiming by, through or under LESSOR. 17) PROPER USE OF LEASED PREMISES - The leased premises and all improvements now or hereafter located thereon, shall, during the term of this Lease, be used solely and exclusively for proper, legitimate and moral purposes and not in violation of the laws of the United states, state of Georgia or of the ordinances, codes, laws, rules and regulations of any governmental authorities having jurisdiction over said property. 18) MERCHANDISE DAMAGED BY WATER AND OTHER PERIL - LESSOR accepts no responsibility Eor property or merchandise of LESSEE which may be damaged by water leaks or other peril. It is suggested that LESSEE include such damage in their insurance policy. 19) ATTORNEY'S FEES - In the event that it is necessary for LESSOR to employ an attorney at law for the purpose of collecting any of the rental due under this Lease and/or enforcing any of the covenants of LESSEE hereunder, LESSEE agrees in addition to all other amounts to pay a reasonable attorney's fee of fifteen percent (15%) on any part of the rental due hereunder which is collected by or through an attorney at law and/or fifteen percent (15%) of the amount of any other liability of LESSEE under any of the covenants hereunder which are enforced by or through an attorney at law. 20) BANKRUPTCY OR DEBTOR PROCEEDINGS - If LESSEE is adjudicated a bankrupt, -or if a permanent receiver is appointed for the LESSEE's property, including the LESSEE's interest in the premises, and such receiver is not removed within sixty (60) days after written notice from LESSOR to LESSEE to obtain such removal; or if, whether voluntary or involuntary, the LESSEE takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is or is proposed to be, reduced or payment thereof deferred; or if the LESSEE makes as assignment for the benefit of creditors; or if the premises or the LESSEE's effects or interest therein should be levied upon or attached under any process against the LESSEE, not P~5 satisfied or dissolved within thirty (30) days after notice from the LESSOR to LESSEE to obtain satisfaction thereof; then, and in any of such events, LESSOR at its option may at once, or within six (6) months thereafter, during continuance of such default or condition, terminate this Lease by written notice to LESSEE, whereupon this Lease shall end and be terminated. After an authorized assignment or subletting, the occurring of any of the foregoing defaults or events shall affect this Lease only if caused by or happening to the assignee or sublessee. Should this Lease be terminated by reason of the foregoing, the premises will be surrendered immediately by LESSEE and upon failure to surrender them, LESSOR shall have the accumulated privilege of pursuing any remedy provided by law for obtaining possession of the premises as if LESSEE was holding over beyond its term and/or failure to pay rent. 21) EMINENT DOMAIN OR CONDEMNATION PROCEEDINGS - If the whole or any part of the leased premises shall be taken under the power of eminent domain, then this Lease shall terminate as to the part so taken on the date when LESSEE is required to yield possession thereof and LESSOR shall make such repairs and alterations as may be necessary in order to restore the part not taken to useful condition; the rent shall be reduced proportionately as to the portion of the leased premises so taken. If the amount of the leased premises so taken is such as to impair substantially the usefulness of the leased premises for the purpose for which the same are hereby leased, then, either shall have the option to terminate this Lease as of the date when LESSEE is required to yield possession. All compensation awarded for such taking of the fee and the leasehold shall be long to and be the property of LESSOR; provided, however, that LESSOR shall not be entitled to any portion of the award made to LESSEE for loss of business and for the cost of removal of stock and fixtures. 22) HOLDOVER - Upon the termination of this Lease, any subsequent holdover by LESSEE with the consent of LESSOR shall not, in the absence ofa written agreement to the contrary, create a tenancy for a term in excess of month-to- month. However, the parties may agree, orally or in writing, to a shorter term, provided that any holdover, regardless of its duration, shall, in the absence of a written agreement to the contrary, be subject to all other terms and condition of this Lease. 23) POST AND RE-ENTRY - LESSOR shall be privileged during the last ninety (90) days of this Lease to post said premises for rent or sale and to attach sign or signs for P~6 that purpose upon any portion of the building. LESSEE also agrees to exhibit said premises at any time during the term of this Lease on weekdays and during reasonable hours to prospective purchasers when requested to do so by being given at least twenty-four (24) hours notice in advance of that time it is desired to show said premises. 24) SPECIAL PROVISIONS: a) Condition of Building - Building is leased in the "AS IS" condition. b) Parking - Parking is included as a part of this Lease. c) Burglary - LESSEE agrees to repair at its expense any damage to property caused by vandals or unlawful entry other than riots and civil commotion. d) Cleanliness - LESSEE agrees to keep leased property free and clear of trash at all times. e) Trash Pick-Up - It will be the responsibility and expense of LESSEE to arrange for garbage disposal through some private contractor. f) Fire Extinguishers - All fire extinguishers are to be furnished and kept in good working order at the expense of LESSEE. g) Termite Control - LESSOR agrees to be responsible for termite control only as required. All other pest control to be the responsibility and expense of LESSEE. h) Signs - LESSEE shall have the right to place a sign on the leased premises. However, location, size and design to be mutually agreed upon between LESSOR and LESSEE. All signage to be at LESSEE's expense. Any signs erected on or attached to the building must be with the written permission of LESSOR. No signs are to be painted on the masonry portion of the building or placed on the aluminum framed glass entrance door and mullion windows without the written permission of LESSOR. i) Paneled Hallway, Lobby and Stairway - The main entrance lobby, hallway and stairs are to be used in common with other tenants occupying the building and are not to be used as a waiting room or for other purposes by any of the tenants occupying the building. Each tenant will be responsible for the cleanliness of this area. P~e7 ., -. j) Restrooms - The restrooms will be used in common with the other tenants occupying the building, each tenant being responsible for cleanliness and expenses of said restrooms. k) Licenses and Permits - It will be the express responsibility of LESSEE to obtain all applicable licenses and permits necessary to conduct business on the property. 1) Keys - At the termination of this Lease, LESSEE agrees to return all keys to the property to LESSOR's office, 211 Sand Bar Ferry Road, Augusta, Georgia 30901- 1849. m) Termination of Electrical Power and Utilities - LESSEE agrees to notify LESSOR's office, 722-5561, of date electrical power and other utilities are to be turned off, prior to vacating the premises. IN WITNESS WHEREOF, the said LESSOR and LESSEE have hereunto set their hands and seals, both in duplicate, each constituting an original document, the day and year first above written as the date of these presents. AL_ e~P ~ ALONZO P. BOARDMAN, JR., --4' ........6 TRUSTEE (LESSOR) AUGUSTA RICHMOND COUNTY COMM]SS COUNCIL (LESSEE) BY: e,Uh ATTEST: This document approved as to legal sufficien y and form. Page 8